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08-1612 - Moviel v. Smith

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08-1612 - Moviel v. Smith
October 5, 2009
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Report and Recommendation that this application for habeas corpus relief be denied and dismissed in its entirety. Objections to R&R due by 10/19/2009. Magistrate Judge James S. Gallas on 10/5/2009. (B,IE)
January 12, 2010
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Memorandum of Opinion and Order: Accordingly, the Report and Recommendation is accepted. The Petition for Writ of Habeas Corpus is dismissed. Furthermore, for the reasons stated herein and in the Report and Recommendation, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b). Judge Patricia A. Gaughan on 1/12/10. (LC,S) re 8